A FEUDAL MINDSET
India Legal|April 25, 2022
Justice DY Chandrachud said that technology can be used to end the feudal structure in the judiciary. All judges are equal and the Constitution should be amended and subordinate courts” renamed as “district judiciary"
Lokendra Malik
A FEUDAL MINDSET

A few days ago, while speaking at a National Conference on Mediation and Information Technology, organised by the High Court of Gujarat, senior Supreme Court judge Justice DY Chandrachud said that the Indian judiciary continues to be “feudal” and it should change its mindset to become "modern and futuristic”. He suggested enhancing the use of technology to modernise the judiciary and end the feudal structure.

Justice Chandrachud said: “We all know that the Indian judiciary even today is essentially feudal. These feudal practices are evident to us by the element of subordination which we practice among the judges of the district judiciary. Judges of the district judiciary being made to wait when a judge of the higher court is coming into the district at the border of the district.

Judges of the district judiciary are not allowed to sit when they talk to High Court judges or even higher. These are some of the symbols of the subordination of the district judiciary.” Justice Chandrachud further said that technology can be useful to bring necessary reforms to the judicial system. He said that inspection of districts, which is a source of stress to the district judiciary, can be radically changed if we allow electronic registers for inspection by the High Courts. “Likewise, when we assess the performance of judicial officers, or promotion of judges all the way across, I believe, not just from district judiciary to High Courts but from High Courts to the Supreme Court, we can do a lot to assuage the grievance that our processes are not objective and we can assuage that grievance provided we use technology in an objective manner for those who are under consideration for higher judicial office. So I do believe that technology is full of untapped potential for changing the face of the Indian judiciary and for making it more modern, said Justice Chandrachud in his virtual address.

This story is from the April 25, 2022 edition of India Legal.

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This story is from the April 25, 2022 edition of India Legal.

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